Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38743 of 2023 Arising Out of PS. Case No.-293 Year-2022 Thana- OBRA District- Aurangabad ====================================================== VISHAL KUMAR Son of Shiva Kumar Singh @ Late Shiv Kumar Singh Resident of village - Chapri, P.S. - Obra, Distt. - Aurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar Seth For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2023 Heard the parties.

2. The petitioner apprehends his arrest in connection with Obra P.S. Case No.293 of 2022, registered for the offence punishable under Sections 307 and other allied Sections of the Indian Penal Code and Section 27 of Arms Act.

3. The allegation against the petitioner is that he along with other co-accused persons went to the house of the informant and assaulted and her father. It is also alleged that the petitioner opened fire on the father of the informant as a result of which he sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.38743 of 2023(3) dt.11-09-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He submits that there is an admitted land dispute between the parties and both the sides are agnates. Petitioner has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is a specific allegation against the petitioner to fire upon the father of informant and the injury report has also supported this fact.

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) shikha/- U T